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Last week, ICE launched a Series of Targeted Enforcement Operations in the Los Angeles, Chicago, Atlanta, San Antonio, and New York City areas, resulting in the arrests of more than 680 individuals.

DHS Secretary John Kelly stated yesterday that last week, ICE launched a series of targeted enforcement operations in the Los Angeles, Chicago, Atlanta, San Antonio, and New York City areas, resulting in the arrests of more than 680 individuals. Secretary Kelly stated that the enforcement operations focused on individuals who posed a threat to public safety, had been charged with criminal offenses, and had committed immigration violations or had been deported and reentered the country illegally. He also asserted that the focus of the operations was consistent with the “routine, targeted arrests” carried out by ICE’s Fugitive Operations teams on a daily basis.

48 Hours Later, Where Things Stand on the January 27 Executive Order

Via AILA

On January 27, 2017, President Trump issued an Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” People all over the United States are rallying in opposition to this EO and showing their support for all of those individuals affected by President Trump’s EOs. AILA lawyers across the country are showing up en masse to provide legal support to those detained, as well as to families and friends waiting for their loved ones to be released.

Last night, lawyers filed actions across the country to halt the January 27 EO. A federal judge in the Eastern District of New York issued the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the EO. The next decision came out of a federal court in Massachusetts – it went a bit further and barred federal officials from detaining or removing individuals subject to the EO. Two other courts also issued rulings. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to “all legal permanent residents being detained at Dulles International Airport” and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.

Lawyers in the New York case are seeking clarification from the court.

The Department of Homeland Security put out a statement early today stating only that the agency “will comply with judicial orders.”

More clarity was provided by Secretary Kelly of the Department of Homeland Security, who released a press statement this evening clarifying how the EO applies to LPRs: “I hereby deem the entry of lawful permanent residents to be in the national interest.”

What to Do If a Legal Permanent Resident (Green Card Holder) is Asked to Relinquish his/her Green Card and Sign a Form I-407, Abandonment of LPR Status by Customs and Border Protection (CBP)

In a word: Don’t.

Upon returning to the U.S., Legal Permanent Residents (LPR) should not automatically surrender their green cards if asked to do so. An individual does not lose LPR status as a result of time abroad. They remain an LPR until a final order of removal is issued and the government must prove abandonment by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988). Form I-407 must be signed voluntarily and there are no potential negative ramifications for refusing to sign. Neither failure to sign nor abandonment is grounds for detention. Rather, an LPR who refuses to sign Form I-407 must be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.

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Congressional Research Service Report: “Prosecutorial Discretion in Immigration Enforcement: Legal Issues”

English: Seal of the United States Department ...

Seal of the United States Department of Homeland Security. (Photo Credit: Wikipedia)

The latest CRS Report offers valuable information on Prosecutorial Discretion, and provides insight into how such Discretion will fit in with the different Comprehensive Immigration Reform plans currently being discussed in Washington.  An extract follows: Read More…

St. Louis landscaping business and owner sentenced for employing illegal aliens and visa fraud

VIA ICE.GOV

ST. LOUIS – A local man and his company were sentenced Thursday in federal court to forfeitures and probation following their visa fraud guilty pleas. The sentences resulted from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the U.S. Department of Labor’s Office of Inspector General.

Robert Brake, 33, of Byrnes Mill, Mo., along with his company, Brake Landscaping & Lawncare Inc., pleaded guilty in June to misdemeanor charges of employing illegal aliens. Brake Landscaping & Lawncare Inc. is located in the 3500 block of Gratiot Street in St. Louis. The company pleaded guilty to one felony count of conspiracy to commit visa fraud. Brake and his company were sentenced to two years of probation. The company paid $145,000 in forfeitures.

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11th U.S. Circuit Court of Appeals opens door for State Law Enforcement to check immigration status of suspects in Alabama, Georgia

The Associated Press reports that while certain provisions within Alabama and Georgia’s state enforcement laws have been rejected by the 11th U.S. Circuit Court of Appeals, law enforcement officers in Georgia may in fact check the immigration status of criminal suspects who do not hold acceptable identification documents.  Similarly, law enforcement officers in Alabama may check the immigration status of suspects, but the Court ruled that public schools may not verify the immigration status of students.

“The court today rejected many parts of Alabama and Georgia’s anti-immigrant laws, including attempts to criminalize everyday interactions with undocumented immigrants and Alabama’s callous attempt to deprive some children of their constitutional right to education,” [American Civil Liberties Union lawyer Omar Jadwat] said in a statement. “The court explicitly left the door open to further challenges against the `show me your papers’ provision, which we will continue to fight.”

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INFORMATION ON PRESIDENT OBAMA’S RECENTLY ANNOUNCED DEFERRED ACTION PROGRAM ENABLING LEGAL STATUS FOR CERTAIN YOUNG IMMIGRANTS

Jacksonville, FL – Immigration lawyer Ashwin Sharma welcomed the Administration’s recent announcement that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This is an exciting new development which brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.

To qualify, an individual must:

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Frequently Asked Questions about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens

via ice.gov

I was ordered removed, and am scheduled to be removed soon. How will this affect my appeal of
my case, which is pending before the U.S. circuit court of appeals?

As explained in ICE Policy Directive Number 11061.1,
Facilitating the Return to the United States of Certain Lawfully Removed
Aliens, an alien who appeals his or her final order of removal to a federal
circuit court of appeals may continue to litigate his or her case after being
removed from the United States. Your removal will not affect your
right to continue to pursue your case before the court. Although you may be
abroad for the pendency of your case, the court of appeals that is currently
reviewing your petition for review will nevertheless be able to review and make
a decision on your case while you are not in the United States. In order to ensure
that you receive notice of the decision entered by the court in your case, you
should follow the court’s procedures for providing updated address and contact
information.

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Georgia Legislature passes HB 87

On 4/14/11, the Georgia Legislature passed HB 87, an immigration enforcement bill that 


1. allows police to perform immigration status checks of criminal suspects
2. requires businesses to utilize E-Verify, and 
3. imposes harsh sentences for any individual using false documentation to obtain employment.

ICE and CBP officials return artifacts to the People’s Republic of China

WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) Deputy Director Kumar Kibble and U.S. Customs and Border Protection (CBP) Deputy Commissioner David V. Aguilar repatriated a number of ancient Chinese artifacts seized as a result of operations by ICE’s Homeland Security Investigations (HSI) and CBP offices in New York and Anchorage and ICE HSI in Albuquerque.

Most of the objects being repatriated today were part of Operation Great Wall, an initiative targeting illicit importations originating from the People’s Republic of China. Following the signing of a bi-lateral agreement between the United States and the People’s Republic of China in 2009, both countries have been working together closely to prevent the illicit trafficking of archaeological objects.

“The items we are returning to the People’s Republic of China today are delicate, but tangible, ancient works of art that are an important part of China’s heritage,” said Kibble. “While seizing, forfeiting and repatriating these treasures is indeed reason for celebration, our long-term goal is to reduce the incentive for further destruction of ancient tombs and temples, where so many of these objects are dug up or chiseled off and pilfered.”

“CBP is pleased to help return these precious antiquities of Chinese cultural history to the citizens of the People’s Republic of China,” said Aguilar. “CBP remains committed to working alongside our ICE HSI partners to intercept and repatriate priceless artifacts.”

The artifacts being returned include:

  • 2 Northern Wei Dynasty terracotta horses – A.D. 386-535
  • Northern Qi Dynasty limestone Buddha – A.D. 550-577
  • 7 Sui Dynasty Pottery Horses with Riders – A.D. 581-618
  • Tang Dynasty Horse Sculpture – A.D. 618-907
  • Song Dynasty Bodhisattva head – A.D. 960-1279
  • Ming Dynasty Stone Frieze – A.D. 1368-1644
  • Qing Dynasty Ceramic Vase – A.D. 1616-1840

These pottery sculptures of horses and riders from the Sui and Tang Dynasties were likely buried in tombs. Having a horse was a sign of wealth, and only those of a certain rank were allowed to use them. The tombs these likely came from were therefore those of aristocrats.

While the Northern Qi Dynasty is usually considered a period of political unrest, it is known to art historians as a time when the arts flourished through interaction between Chinese and non-Chinese artisans. This particular sculpture may belong to some now-destroyed temple.

ICE HSI plays a leading role in investigating crimes involving the illicit importation and distribution of cultural property. ICE HSI uses its investigative authority to seize cultural property items if they were illegally imported into the United States. It also investigates the illegal trafficking of artwork, especially works that have been reported lost or stolen. ICE’s Office of International Affairs, through its 67 attaché offices worldwide, works closely with foreign governments to conduct joint investigations, when possible.

CBP is the nation’s lead border security agency and is charged with enforcing hundreds of laws at and between our nation’s 327 international ports of entry. As part of that mission, CBP enforces bi-lateral agreements and import restrictions on certain foreign cultural property and archaeological materials. CBP works closely with ICE and other federal, state and local law enforcement agencies to prevent the illegal trade and trafficking of cultural antiquities. CBP partners with ICE to ensure that illegally traded and trafficked antiquities are returned to their rightful owners.

ICE HSI agents undergo special training sessions funded by the State Department and held at the Smithsonian museums and research facilities before they begin working cultural property cases. Smithsonian staff provided behind-the-scenes introduction to objects from regions that are at greatest risk of looting and trafficking, as well as practical skills training in handling, photographing, recording and packing objects.

More than 2,300 artifacts have been returned to 18 countries since 2007 including paintings from France, Germany and Austria, an 18th century manuscript from Italy, and a bookmark belonging to Hitler as well as cultural artifacts from Iraq including Babylonian, Sumerian, and neo-Assyrian items.

Agencies involved in the seizure and investigation of the items being repatriated today include ICE HSI and CBP in New York and Anchorage and U.S. Fish and Wildlife in Albuquerque.

ICE Notice to Former F-1 Students of Tri-Valley University

VIA ICE.gov


Attention Former Tri-Valley University Students

If you were formerly enrolled as an F-1 student at TVU and have been terminated in SEVIS, please note the following.

SEVP terminated the records of all F-1 students enrolled at TVU as of Jan. 18, 2011. You should call SEVP Response Center (SRC) at 703-603-3400. This number is currently staffed from 7 a.m. to 6 p.m. (EST), seven days a week. Beginning Friday, Feb. 18, 2011, this number will be staffed Monday through Friday from 8:30 a.m. to 5 p.m. (EST). At other times, you may leave a telephone number at which SEVP will return your call the next day.

Please be prepared to provide the follow information to the SEVP staff when you call:

  • First and last name
  • SEVIS ID#
  • Address
  • Telephone number where you can be reached
  • E-mail address
  • Dates of attendance at TVU
  • Level and Major of study at TVU

When you call, SEVP will provide you with your options including the option to depart from the United States without an otherwise possibly applicable bar to re-admission in the future.